Comments on: Cohen on Roe http://poliblogger.com/?p=8462 A rough draft of my thoughts... Fri, 17 Mar 2026 10:55:51 +0000 http://wordpress.org/?v=1.5.1.2 by: Henriet Cousin' http://poliblogger.com/?p=8462#comment-265874 Fri, 21 Oct 2026 14:16:16 +0000 http://poliblogger.com/?p=8462#comment-265874 That firmer foundation shall and ought to be "consent"--a woman's right to refuse her consent to carry a pregnancy to term regardless of the circumstances of conception. That preserves choice and permits reasoned regulation at the margins. R/ That firmer foundation shall and ought to be “consent”–a woman’s right to refuse her consent to carry a pregnancy to term regardless of the circumstances of conception. That preserves choice and permits reasoned regulation at the margins.

R/

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by: Dr. Steven Taylor http://poliblogger.com/?p=8462#comment-264689 Fri, 21 Oct 2026 00:31:11 +0000 http://poliblogger.com/?p=8462#comment-264689 Not to worry--I do that kind of thing all the time. The brain is a funny thing. Not to worry–I do that kind of thing all the time.

The brain is a funny thing.

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by: Buckland http://poliblogger.com/?p=8462#comment-264576 Thu, 20 Oct 2026 22:23:06 +0000 http://poliblogger.com/?p=8462#comment-264576 Geeze, I can't believe I wrote row instead of Roe. I do know the difference. Geeze, I can’t believe I wrote row instead of Roe. I do know the difference.

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by: Buckland http://poliblogger.com/?p=8462#comment-264574 Thu, 20 Oct 2026 22:22:25 +0000 http://poliblogger.com/?p=8462#comment-264574 Americans don't give up acquired rights easily, even if those rights have a shaky foundation. IF row were overturned another reasoning would take its place that gave some amount of constitutional protection. My guess is the whole equal protection clause would come into its play. Not many people are comfortable with ordering a risky pregnancy to term when the mother may die due to complications. The life of the mother clause is a standard for all but the most ardent abortion foe. But what is the right probability to decide a pregnancy poses an unacceptable risk to the mother? 10%? 2%? Every pregnancy has unique risk factors -- first pregnancy, history of bleeding, various health irregularities, slight build, shape of the pelvis, smoking, drug use, and a thousand other factors all contribute to the overall risk. Also no pregnancy is totally safe, most people have a "friend of a friend" who went in for a simple delivery that turned horrible -- even fatal. So who should decide if the pregancy is too risky? The mother is the obvious arbitor of such a choice, as she has the highest stake in the outcome. If a life or death decision is made for her over her objection does she have equal protection unde the constitution? That is where my crystal ball says the point of agreement will eventually come to, but possibly not in our lifetimes. In reality it's abortion on demand, but with a more acceptable logical and constitutional framework. Americans don’t give up acquired rights easily, even if those rights have a shaky foundation. IF row were overturned another reasoning would take its place that gave some amount of constitutional protection.

My guess is the whole equal protection clause would come into its play. Not many people are comfortable with ordering a risky pregnancy to term when the mother may die due to complications. The life of the mother clause is a standard for all but the most ardent abortion foe.

But what is the right probability to decide a pregnancy poses an unacceptable risk to the mother? 10%? 2%? Every pregnancy has unique risk factors — first pregnancy, history of bleeding, various health irregularities, slight build, shape of the pelvis, smoking, drug use, and a thousand other factors all contribute to the overall risk. Also no pregnancy is totally safe, most people have a “friend of a friend” who went in for a simple delivery that turned horrible — even fatal.

So who should decide if the pregancy is too risky? The mother is the obvious arbitor of such a choice, as she has the highest stake in the outcome. If a life or death decision is made for her over her objection does she have equal protection unde the constitution?

That is where my crystal ball says the point of agreement will eventually come to, but possibly not in our lifetimes. In reality it’s abortion on demand, but with a more acceptable logical and constitutional framework.

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